Repealing An Only-in-illinois Law

September 16, 1989

By signing legislation repealing the requirement that couples be tested for HIV, the virus that causes AIDS, before they could get a marriage license, Gov. James Thompson rid the state of an embarrassing distinction. Illinois had been the only state in the nation to have such a law.

Although the 21-month-old Illinois law was well-intentioned and reflected the earnest determination of legislators to protect people from AIDS, it has always been criticized by public health officials-with good reason. The target group-heterosexual couples-are among the least likely adults to be infected with HIV. As one prospective groom noted, not all of these couples postponed having sex until after the wedding, so in many cases premarital testing came too late to prevent any danger of transmitting the virus.

Of an estimated 250,000 prospective brides and grooms tested while the law was in existence, 52 people were diagnosed as infected with HIV. Supporters of the legislation argue that finding even one case justified the costs and nuisance of the law. But the tests cost from $20 to $150 each. Thousands of couples considered the expense and bother to be so burdensome that they went across state lines to get their licenses and marry.

There are many more effective ways to fight AIDS and to protect people from its spread than premarital testing. But the state`s ability to help, particularly to be accepted and trusted as a source of information and education, depends on its credibility. And the premarital testing law made the state look uninformed and foolish. With that distraction repealed, Illinois can concentrate on other AIDS countermeasures that will do far more good.